Supreme Court Reshuffles IPR Jurisdictions

The Supreme People's Court (SPC) releases a circular on tasking jurisdictions of patent and trademark right grant and determination cases.  From July 1, IPR tribunals of the two intermediate courts and high court in Beijing as well as the SPC would have the exclusive jurisdictions of the first and second instance IPR administrative cases with the nature of right grant and determination for patent, trademark, layout design of integrated circuit and new variety of plant.  This is an important measure in refining the Chinese IPR trial system, according to a SPC principal.

Under the current Chinese IPR laws and administrative regulations, the four types of IPR, namely, patent, trademark, layout design of integrated circuit and new varieties of plant, requires examination and grant of a competent authority.  During right grant and maintenance proceedings, parties dissatisfied with the decisions or rulings by the reexamination authorities may bring cases to the court.

(China IP News)

2013-07-17